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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-173 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MALCOLM CRAIGIE of Upper Hutt Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
ComplaintTarget – unauthorised filming on private premises – breach of privacy FindingsPrivacy principles (i) and (iii) applied – footage inoffensive – no breach of privacy – no uphold This headnote does not form part of the decision. Summary A hidden camera was used on a Target programme broadcast on TV3 on 9 July 2000 to assess whether a car’s wheel alignment had been properly carried out. The footage broadcast included pictures of the outside of the business premises, and members of the staff dealing with the customer. Chris Clarke, the proprietor of Action Auto Services, complained to the Broadcasting Standards Authority about the broadcast, arguing that the filming had been carried out unlawfully on his premises. His complaint concerned the promos for the programme as well as the programme itself....
SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....
ComplaintFor Richer or Poorer – movie – "fuck off" – offensive language – insufficient warning FindingsStandard G2 – language not offensive in context – no uphold Standard G8 – classification and time of screening appropriate – no uphold This headnote does not form part of the decision. Summary For Richer or Poorer was broadcast on TV3 at 8. 30pm on 29 April 2001. For Richer or Poorer is a comedy movie about a rich couple who hide among the Amish to avoid pursuit by the tax department. During one scene, the wife tells her husband to "fuck off". Ken and Jackie Francis complained to the broadcaster, TV3 Network Services Ltd, that the language was offensive, and that the warning for "coarse" language which had preceded the broadcast had been insufficient....
Download a PDF of Decision No. 1993-039:Sharp and TV3 Network Services Ltd - 1993-039 PDF317. 17 KB...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-007 Decision No: 1998-008 Decision No: 1998-009 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALLAN HILL of Wellington and GLADYS GARDNER of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
Download a PDF of Decision No. 1993-032:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1993-032 PDF155. 69 KB...
Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Troubled Waters” – boating accident involving fishing expert Wayne Wills aka “Bill Hohepa” – allegedly unbalanced, inaccurate and unfair as item suggested that Maritime Safety Authority had relentlessly and unjustifiably pursued, and continued to pursue, Mr WillsFindings Standard 4 (balance) – reasonable efforts made to present significant points of view – not upheld Standard 5 (accuracy) – item contained one inaccuracy – upheld Standard 6 (fairness) – Mr Wills’ view was not unfair to the MSA – not upheld No OrderThis headnote does not form part of the decision. Broadcast [1] The consequences of a boating incident in 1996 involving the fishing expert Wayne Wills, better known and referred to in the programme as “Bill Hohepa”, in which one person drowned, was dealt with in an item broadcast on TV3 in 60 Minutes on 8 December 2003....
ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....
Complaint3 News – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – reference to Muslim background and comments from representatives of Muslim communities who had expected him to vote against the Bill – blamed for passage of Bill – held up to ridicule and contempt – unfair FindingsStandard 4 – MP given right to reply to criticism – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item on 3 News, broadcast on TV3 at 6. 00pm on Thursday 26 June, comment was made that the Bill would not have passed had Mr Ashraf Choudhary MP not abstained. It was pointed out that he was a Muslim and that Muslim leaders were opposed to the Bill....
Complaint3 News – land owners around Lake Ida put up trespass notices and take control of skating on the lake – Lake Ida Winter Sports Association accompanied by film crew breach trespass order – disrespect of law and breach of privacy. FindingsStandard G5 – disrespect for the law not encouraged – no uphold Privacy Principles – do not apply to companies – no uphold This headnote does not form part of the decision. Summary [1] A disagreement about the control of ice skating on Lake Ida between the Lake Ida Sports Association and the surrounding landowners was covered in a news item. The item, broadcast on 3 News on 26 July 2001 beginning at 6. 00pm, included footage of a trespass notice....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-024 Dated the 6th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHAEL LAWS of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
Complaint3 News – item about bad weather featured car accident footage – woman passenger shown injured – unnecessary intrusion into woman’s distress – graphic footage gratuitous Findings(1) Standard G17 – footage not unnecessarily intrusive – no uphold (2) Standard V12 – material insufficiently graphic – no uphold Cross-referenceDecision: 2000-141–143 This headnote does not form part of the decision. Summary Footage of a car accident was shown during a news items about bad weather and related problems faced by drivers in the Queenstown area. A woman passenger was shown emerging from the crashed car bleeding from a head wound. The item was broadcast on 3 News on TV3 on 11 June 2000 between 6. 00pm and 7. 00pm....
An appeal against this decision was dismissed in the High Court AP46/02 PDF1. 3 MBComplaint20/20 – "Paradise Lost" – item on child prostitution in Fiji – breach of children’s privacy – unfair depiction of child victim – discrimination on account of sex, race and ageFindingsPrivacy – privacy principle (i) – public disclosure of private facts about children – highly offensive and objectionable facts – no public interest defence under privacy principle (vi) – upholdStandard G4 – child sex abuse victim treated unfairly – upholdStandard G13 – high threshold – no upholdCross-referenceDecision No. 1999-125–137OrderBroadcast of statementCosts to complainant of $463. 50This headnote does not form part of the decision. Summary[1] "Paradise Lost", an item on 20/20, was broadcast on TV3 at 7. 30pm on 15 July 2001....
Download a PDF of Decision No. 1993-030:Female Images and Representation in Sport Taskforce and TV3 Network Services Ltd - 1993-030 PDF652. 8 KB...
Download a PDF of Decision No. 1993-116:Health Action and TV3 Network Services Ltd - 1993-116 PDF343. 72 KB...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-007 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHARMAC (Pharmaceutical Management Agency Ltd) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...
ComplaintMost Wanted – music video – Eminem – "The Real Slim Shady" – offensive behaviour – unsuitable for childrenFindings(1) Standard G2 – acceptable in context – no uphold (2) Standard G12 – PGR classification and screening in PGR time appropriate and sufficient – no uphold This headnote does not form part of the decision. Summary The music video for the song "The Real Slim Shady" by Eminem was broadcast on Most Wanted on TV4 at 7. 00pm on 26 May 2000. J M Shepherd complained to TV3 Network Services Ltd, the broadcaster, that the video contained "images of a bare male/female backside being lowered onto the face of an individual lying on the ground". The complainant considered that this material was unsuitable for children to watch. TV3 responded that the material to which the complainant had objected was intentionally satirical, rated PGR, and intended for a teenage audience....
Complaint 20/20 – "The Goons" – item about Christchurch Prison Emergency Response Unit – inaccurate, unfair and unbalanced FindingsStandards 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracies (i) did not "order" penis incident; (ii) not found guilty of 21 breaches of code of conduct – uphold on these 2 points – no other inaccuracies Standard 6 – complainant no opportunity to present views – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] "The Goons", an item on 20/20, was broadcast by TV3 at 7. 30pm on 9 June 2002. The item investigated the activities of the Christchurch Prison Emergency Response Unit (ERU), referred to by some as the "Goon Squad". [2] Doug Smith complained to TV3 Network Services Ltd, the broadcaster, that the item contained a number of inaccurate statements, and was unbalanced....
ComplaintThe Waterboy promo – nudity – incorrect classification – broadcaster not mindful of effect of broadcast on children Findings Standard G2 –context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold; standard G22 – G rating correct – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for the movie The Waterboy was broadcast on TV3 on 19 October 2001 at 6. 40pm, during a broadcast of 3 News. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the promo showed one of the characters featured in the movie "pull[ing] down his trousers and exposing his buttocks". [3] TV3 declined to uphold the complaint....